"DANGER TO PUBLIC."

New Zealand Herald, Volume LXVIII, Issue 20969, 4 September 1931, Page 12

"DANGER TO PUBLIC."

INTOXICATED DRIVER. CANCELLATION OF LICENCE. CONVICTED AND DISCHARGED. A charge of being intoxicated while in charge of a motor-car in Symonds Street on July 16, was heard against a farmer, whose name was ordered to be suppressed, in the Police Court yesterday, before Mr. F. K. Hunt, S.M. Mr. Moody represented accused, who is at present, in hospital. Constable du Temple stated that about 5.15 p.m. on July 16 his attention was drawn to a motor-car parked in Symonds Street in so erratic a manner that it was holding up traffic. Accused was asleep at the wheel, and witness had to shake him violently to awaken him. Accused smelt strongly of liquor. Witness asked him to get out of the car, and, when he did so, noticed that he was unsteady on his feet. Accused admitted having consumed aome liquor that day. There was a parcel containing ale in the back of the c»r, but it was intact. In the opinion of witness, accused was in no fit state to bo in charge of a motorear. Ho said definitely that he did not require the services of a doctor. Witness then drove the car to the Mount I'den police station and then to the watchhouse, where accused was charged. Police witnesses stated that when accused reached the watoh-house his breath smelt strongly of liquor and he was unsteady on his feet. Evidence of Physical Disability. , Mr. Moody said accused had been in hospital .since the day following his jirrest. He had been examined previously by a doctor, and had also been attended by Dr. de Clive Lowo and Dr. BulL The ovidence given by.the. police was fair, but . lihey were not in a position to judge his ntate of health.

Dr. de Clive Lowe said he had known licensed for six or seven years, and was i&t present attending him in a private hospital. At noon on the day following the incident, witness saw accused, who was then in a very serious and highly nervous state. A peculiar form of the trouble, from which he was suffering was that he. could not sleep at night, but slept very soundly during the daylight hours. His heart was in a bad state and he also had blood-pressure. Detective-Sergeant Kelly: If his condition was so bad, how did ha pass the necessary tests for a driver's licence? Witness:'l am afraid there are a lot of licences issued that should never be given., In reply to a question by the magistrate, witness said accused was a drinker, but not . a drunkard. " Better Without a Licence." Dr. Bull gave corroborative evidence concerning accused's health. He said all the symptoms noted by the police, except the smell of liquor, were consistent with his physical condition., "He would undoubtedly be better without his licence," Dr. Bull added. '■ His physical condition is such as to make him a danger to the public as a driver." Accused's wife said she came into town with her husband on the day in question and left him between 3 p.m. and 3.30 p.m. He had had no liquor up to the time she left him. The ale found in the caf was intended for a party, and Was to have been a present from accused. A friend of accused, who had known him for 16 years, said he met him in town at 4.30 p.m. on July 16. He was then quite normal and perfectly sober. ." Unfortunately, the man himself is not here, and there is no doubt he is very ill now," the magistrate said. "However, the police are emphatic that he was suffering from' the effects of liquor, and I hive no doubt he had had some." Accused, was convicted and discharged •nd his licence was cancelled.